The number of competition law cases adjudicated in Canadian courts and before the Competition Tribunal continues to grow, and that growth has prompted an increased need for guidance from experienced practitioners. While there are ample resources that offer summaries of substantive rulings, Litigating Competition Law in Canada brings together some of the Canada's most successful and knowledgeable competition lawyers to offer practical advice on how to most effectively bring or defend competition law cases.

Invaluable content

The first of its kind, this comprehensive guide to litigating competition matters in Canada contains the information and practical guidance that private practitioners and in-house counsel need to understand when dealing with a contentious competition law case. Litigating Competition Law in Canada features contributions from Canada's leading competition litigators. They provide strategic insight into the procedural aspects of litigating a competition matter and offer examples of tactical steps counsel can take to advance their clients' positions.

Easy-to-read with important summaries of leading cases in accessible in text boxes, Litigating Competition Law in Canada is a definitive text that:

Provides an overview of the different players in competition litigation as well as the range of investigations and proceedings that can be brought by those players

Outlines the various constitutional issues that can arise in relation to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and foreshadows the constitutional battles to come

Explains the requirements and procedures that relate to the Commissioner's powers of investigation to gather evidence, compel testimony and conduct searches and seizures. It also outlines the guidelines, restrictions and safeguards that are designed to ensure that these investigative powers are used in a reasonable and effective manner

Offers a guide to litigating competition class actions by explaining the relevant background and statutory framework, including who can be a plaintiff, what claims plaintiffs can bring, what plaintiffs have to prove, and what limitation periods apply. Provides detailed insight on how to settle competition class actions and the issues that arise in those negotiations

Describes private actions before the Tribunal, including the legislative scheme, procedures, applicable tests and evidentiary standards. Provides a comprehensive overview of all cases decided under the private action sections of the legislation, dividing them between cases where leave was granted and cases where it was refused. The requirements, authority and tests for seeking injunctive relief are also outlined

Includes a chapter devoted to expert evidence that explains how to choose and retain an expert, and how to deploy their expertise in Bureau advocacy, Tribunal cases and private actions before the courts

Addresses the procedural aspects of litigating cases against the Competition Bureau before the Competition Tribunal, including reviewing the types of cases the Tribunal can hear, the procedural steps prior to a hearing and at the hearing itself, evidentiary issues and remedies, as well as the availability of mediation before the Tribunal and examples of motions that might be brought before the Tribunal

Discusses the criminal offences in the Competition Act and provides a comprehensive and robust overview of the Act's criminal provisions, related jurisprudence and litigation practice, as well as a detailed description of the immunity and leniency programs and guilty plea process

Practical guidance

Litigating Competition Law in Canada will be a useful acquisition for:

Corporate/commercial and competition lawyers who need to navigate the complex area of competition litigation so they can advise clients embroiled in a contentious matter

In-house lawyers who want to understand the finer points of competition litigation so they can effectively guide the company through contentious matters

Competition Bureau, Commissioner of Competition and Competition Tribunal lawyers and experts who must have a sound understanding of competition litigation

Judges who hear competition matters at the provincial or federal level and are less familiar with this area of the law

Businesses and trade associations that will benefit from an overview of competition law

Law libraries that want to provide a valuable resource for their patrons

International corporate/commercial and competition lawyers who are dealing with competition litigation with international aspects

Academics who research and write on questions of competition/antitrust law